In December, he was found guilty of conspiring with others to collude with foreign forces and conspiracy to publish seditious articles.
His conviction has raised concerns about the curtailing of press freedom in the former British colony, which returned to Chinese rule in 1997.
His case could also be a test for Beijing's diplomatic ties. The verdict drew criticism from foreign governments, including the U.S. and Britain. After the verdict, U.S. President Donald Trump, who had raised Lai’s case with China, said he felt “so badly.”
Lai, alongside other co-defendants involved in the case, appeared in court for the four-day mitigation hearings. The maximum penalty for their convictions is life imprisonment. Sentencing will come later. The court was dealing with the arguments concerning two activists’ sentences involved in the case before Lai’s on Monday morning.
When Lai entered the courtroom, he pressed his palms together, an apparent gesture to express gratitude, and smiled at those sitting in the public gallery. The media tycoon appeared to be in good spirits and greeted a convicted Apple Daily editor who was also sitting in the dock.
Before sunrise, dozens of people had already lined up outside the court building to secure a seat in the public gallery. Retiree Simon Ng, a former Apple Daily reader, said he arrived and waited in line since Friday morning, hoping to see Lai.
“I want to let him know that he’s not alone," Ng said. “Many people support him."
Judges ruled Lai was the mastermind
Lai was convicted of two counts of conspiracy to commit collusion with foreign forces to endanger national security, in addition to one count of conspiracy to distribute seditious publications. Lai pleaded not guilty to all charges.
A conviction on the collusion charge under the security law results in a sentence ranging from three years in jail to life, depending on the offense’s nature and his role in it. The sedition charge under a separate, colonial-era law carries a maximum of two years’ imprisonment.
Three government-vetted judges wrote in their December verdict that Lai spearheaded the conspiracies and took issue with what they called his “constant invitation” to the United States to bring down the Chinese government with the excuse of helping Hong Kongers.
Lai’s lawyers admitted during the trial that he had called for foreign sanctions before the national security law took effect, but insisted he dropped these calls to comply with the law. They also argued on freedom of expression grounds.
But the judges said that Lai had never wavered in his intention to destabilize the ruling Chinese Communist Party. After the enactment of the law, he intended to continue, though less explicitly, they said. They emphasized that Lai was not on trial for his political views.
Beijing has opposed what it called the smearing of Hong Kong's judiciary “by certain countries,” saying the judicial authorities perform duties according to the law.
Others have a chance of lighter sentences
Six ex-Apple Daily senior executives and two activists involved in Lai's case had entered guilty pleas, admitting that they had conspired with Lai and others to request foreign forces to impose sanctions, blockades or engage in other hostile activities.
The executives were publisher Cheung Kim-hung, associate publisher Chan Pui-man, editor-in-chief Ryan Law, executive editor-in-chief Lam Man-chung and editorial writers Fung Wai-kong and Yeung Ching-kee. Some of them, alongside the two activists Andy Li and Chan Tsz-wah, served as prosecution witnesses during the 156-day trial.
A guilty plea usually can lead to a sentence reduction. Under the security law, a reduced penalty may be granted to those who report on the offense committed by others.
Priscilla Lam, representing Chan Tsz-wah, suggested the starting point of sentencing for her client would be around 10 to 15 years and that he should receive at least a 50% sentence reduction. She pointed to factors like his assistance in the case, his lesser role and the fact that his family had suffered harassment while he was in custody.
Chan Pui man's husband, Chung Pui-kuen, a former top editor of Stand News who had been sentenced to 21 months in jail in a separate sedition case, was among those sitting in the public gallery.
Lai has spent five years in custody and has become visibly thinner. In August, his lawyers told the court that he suffered from heart palpitations. Hong Kong’s government said no abnormalities were found during a medical examination that followed Lai’s health complaints. After the verdict, his daughter, Claire, said Lai would devote himself to God and his family rather than political activism if he were released.
Trump said after the verdict that he spoke to Chinese President Xi Jinping about Lai and “asked to consider his release." British Prime Minister Keir Starmer has said his government has made it a priority to secure the release of Lai, a British citizen.